July 2024 – Suspension of execution (auction of real estate property) according to article 938 of the Greek Code of Civil Procedure

Decision No. 192/2024 of the Single-Member Court of Appeal of Athens was recently issued, suspending enforcement proceedings that expedited a forced auction against our clients property.

With this decision, the success of the seventh ground of our appeal has been assumed, with which we reinstated the third additional ground of our opposition against the acts of forced execution against our principals (writ of payment – orders of execution – seizure report). Content of the relevant reason for appeal and opposition, was the violation of disposition principle (εξουσία διάθεσης), as the expediter tried to impose a forced seizure on the basis of two enforceable titles, however the given order for execution related to only one of them. In addition, irreparable damage to our principals was assumed, given that the planned auction involved the residence of each of them and their families. For more information on this decision and the legal issues raised, click here.